35
30.12.2024
Ssi
Ct. 3
WPA 31029 of 2024
Gaurav Swarup
-vs-
Reserve Bank of India & anr.
Mr. Kishor Datta, Ld. Sr. Advocate
Mr. Billwadal Bhattacharyya, Sr. Adv
Mr. Ankur Chawla
Mr. Amir Khan
Mr. Aditya Mondal
Mr. Oishik Chatterjee
…for the petitioner
Heard the learned senior counsel appearing for
the petitioner.
The petitioner relies upon Rule 8 (2) of the
Foreign Exchange (Compounding Proceedings) Rules
2000 on the submissions that the petitioner’s
application for compounding has been returned
without being disposed of in accordance with law. The
said letter is dated 04.10.2024. It is submitted that the
present writ petition could not be filed as the
petitioner was not in the country during the
intervening period and as such, the case of urgency is
made out.
It appears by the said E-mail dated 04.10.2024,
the application praying for compounding of the offence
has been returned and not disposed of. The grievance
2
of the petitioner lies that though certain reasons have
been mentioned in the said E-mail, it is submitted that
returning an application without formal consideration
is against the principle of natural justice.
Accordingly, the writ petition is disposed of with
liberty granted to the petitioner to resubmit his
application dated 12.02.2024 before the respective
respondent authorities who shall then consider the
said application dated 12.02.2024 submitted by the
petitioner within a period of 30 days from the date of
this order upon giving proper hearing to all the parties
concerned and pass a reasoned order in accordance
with law. Copy of which shall be served upon all the
parties.
In view of the said directions, the E-mail dated
04.10.2024 returning the application stands quashed.
Parties shall act on a server copy downloaded
from the official website of this Court.
(Shampa Dutt (Paul), J.)